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The sheriff asked if I admit or denied the statement, which I'd been dancing around answering I kept on bringing up the cca they produced even explaining how you could tell it was modified. They said they rename the file, but I explained that would change the modified date in windows not the embedded information. I 3ven said at one point "are you just going to overlook the fact that they have potentially produced a piece of fraudulent evidence" but I was just shot down and told that that was an issue for a later date. Nolans kept repeating that they had produced proof of the account and that I had no defense. Nolans basically reiterated what they said in the letter -
adapt the pro rata letter in the dca section of our library.? -
which is why i said don't go near ever admitting or denying the A/C . stick to the line in your form 4 exactly. lots of time till you have to actually do anything: that gives a buffer for you to get your historic family issues out the way and get reading here every cabot/nolan SPC thread that exists, as i feel you've not done that as you fell for the oldest tricks in the book to date. and for nolans and their client to discontinue as their costs must now be mounting up. with more to come on 2 more hearings which they can never get back. you also need to put up a few more posts upon what was said and done before it slips your mind during todays hearing. as the smallest of detail about what the three of you said could be vital here but not realised by you. dx
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Dq n180.. What does mcol say when you log in?
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Well that went bad, I denied the account, brought up the blank document, brought up the lack of enforceable evidence, lack of default notice (which they said they didn't need because the account never defaulted as they're only seeking arrears) Now it's going to a heating where they want me to produce bank statements from those dates. It's not ordered for me to produce them but would help if I did apparently. They've also asked for any other jd account details to check account numbers to confirm my statement Pre hearing is 16th July and hearing 6th August., They have to bring in a witness to say the document wasn't tampered with.
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Our picks
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Hermes - destroyed item as it was "damaged"- **Judgment for Conversion of destroyed item. **WON**
hellothere124 posted a topic in Postal and Delivery Services,
Ebay Packlink and Hermes - destroyed item as it was "damaged". https://www.consumeractiongroup.co.uk/topic/430396-ebay-packlink-and-hermes-destroyed-item-as-it-was-damaged/&do=findComment&comment=5087347-
- 32 replies
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Post in Bailiffs in at BBC obtain 7 years interest on overpayment of TV licence
Its WAR posted a post in a topic,
I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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Post in Court Claim Against Hermes - item sent via Packlink was lost/tampered with **WON at mediation full amount **
jj58 posted a post in a topic,
Hi @BankFodder
Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
So I issued the claim on day 15 and they requested more time to respond.
They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
I opted for mediation, and it played out very similarly to other people's experiences.
In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them.
In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
Many thanks, stay safe and have a good Christmas!
Picked By
BankFodder, -
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***Hermes and mediation hints ***
BankFodder posted a topic in Postal and Delivery Services,
Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003-
- 1 reply
Picked By
BankFodder, -
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